The Role of the Judge in International Trade Regulation

The Role of the Judge in International Trade Regulation
Author: Thomas Cottier
Publisher: University of Michigan Press
Total Pages: 377
Release: 2009-12-22
Genre: Law
ISBN: 047202499X

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The WTO is generally seen as a key actor of globalization and, as such, has been the point of convergence of popular irritation worldwide. Many of the reproaches addressed to the WTO show civil societys concern with what is perceived as a democratic deficit in the way the organization operates. The main fear is to see trade rise as the ultimate value, prevailing over concerns such as health and environment. The Role of the Judge offers insight into how disputes are solved at the WTO level, into how the judicial branch interacts with the rest of the organization, and into the degree of sensitivity of the system to external input. The book sheds light on the judicial system governing the WTO and shows it to be the only truly multilateral system where disputes are solved by third-party adjudication. The book develops along three lines: the first a search for cases submitted to the WTO where the judge exceeded its authority; the second a comparison of the WTO with the operations of national judicial systems having different levels of integration, specifically the United States (federal level) and the EC (quasi-federal level); and the third an exploration of directions for the future of dispute settlement in the WTO. Reflecting the diversity of its contributors, this book addresses questions of economics, political science, and law, bringing an unusual level of multidisciplinarity to this topic and context. It is designed for both academic readers and practitioners, who will find it full of practical insights as well as rich and detailed analysis. Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern. Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization. Patrick Blatter is Mavroidiss scientific collaborator.

The Role of Federal Courts in U.S. Customs & International Trade Law

The Role of Federal Courts in U.S. Customs & International Trade Law
Author: Patrick C. Reed
Publisher:
Total Pages: 488
Release: 1997
Genre: Law
ISBN:

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This publication provides for a clear understanding of the issues, in customs, tariff, antidumping and countervailing duty laws, as well as laws providing for embargoes, quantitative restrictions on imports, and adjustments to import competition. The text begins with the historical evolution of judicial review in import law. The current functioning of the CIT (Court of International Trade) and CAFC (Court of Appeals for the Federal Circuit) are examined in detail, as reflected in the legal doctrines of administrative law involved in the judicial review of government agencies. Topics addressed include jurisdiction, standing, sovereign immunity, exhaustion of administrative remedies, and preclusion of review. It also includes a discussion of the possible changes in the existing institutional framework for customs and international trade litigation, including possible expansions in the jurisdiction of the CIT.

Treaty Interpretation by the WTO Appellate Body

Treaty Interpretation by the WTO Appellate Body
Author: Isabelle Van Damme
Publisher:
Total Pages: 487
Release: 2009
Genre: Law
ISBN: 0199562237

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This book analyzes how the Appellate Body uses particular principles of general international law in interpreting the WTO covered agreements. It deals equally with general international law and WTO law. The aim is to explain how the Appellate Body interprets and applies customary international law on treaty interpretation in dealing with the WTO covered agreements. The main concern is to analyze the judicial reasoning and ways of justifying judicial decision-making. In particular, it answers the question of how the Appellate Body explains its reading of WTO treaty language. It is argued that the Appellate Body has interpreted the WTO covered agreements in a contextual and effective manner, an approach that corresponds with general international law. The character of the WTO covered agreements has, nevertheless, confronted the Appellate Body with some questions of interpretation that were until recently unexplored or neglected by other courts and tribunals. In that sense, the Appellate Body has contributed to the development of general international law on treaty interpretation, or at least to its practice. WTO law is primarily treaty law, but increasingly soft law and broader themes and values from other disciplines, such as governance, variable geometry and legitimacy, are introduced and discussed. Customary international law - with the exception of the principles of treaty interpretation - and general principles of law are often seen as excluded entirely. An ancillary theme of this proposed monograph is the extent to which customary international law and general principles of law have penetrated WTO law through the technique of treaty interpretation.

The Legitimacy of International Trade Courts and Tribunals

The Legitimacy of International Trade Courts and Tribunals
Author: Robert Howse
Publisher: Studies on International Courts and Tribunals
Total Pages: 547
Release: 2018-04-12
Genre: Law
ISBN: 1108424473

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2.2 Procedural Rules and Issues

Enforcing World Trade Rules

Enforcing World Trade Rules
Author: William J. Davey
Publisher: Cameron May
Total Pages: 339
Release: 2006
Genre: Conflict of laws
ISBN: 1905017405

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Judging the State in International Trade and Investment Law

Judging the State in International Trade and Investment Law
Author: Leïla Choukroune
Publisher: Springer
Total Pages: 231
Release: 2016-12-10
Genre: Law
ISBN: 9811023603

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This book addresses concerns with the international trade and investment dispute settlement systems from a statist perspective, at a time when multilateralism is deeply questioned by the forces of mega-regionalism and political and economic contestation. In covering recent case law and theoretical discussions, the book’s contributors analyze the particularities of statehood and the limitations of the dispute settlement systems to judge sovereign actors as autonomous regulators. From a democratic deficit coupled with a deficit of legitimacy in relation to the questionable professionalism, independence and impartiality of adjudicators to the lack of consistency of decisions challenging essential public policies, trade and investment disputes have proven controversial. These challenges call for a rethinking of why, how and what for, are States judged. Based on a “sovereignty modern” approach, which takes into account the latest evolutions of a globalized trade and investment law struggling to put people’s expectations at its core, the book provides a comprehensive framework and truly original perspective linking the various facets of “judicial activity” to the specific yet encompassing character of international law and the rule of law in international society. In doing so, it covers a large variety of issues such as global judicial capacity building and judicial professionalism from an international and domestic comparative angle, trade liberalisation and States' legitimate rights and expectations to protect societal values, the legal challenges of being a State claimant, the uses and misuses of imported legal concepts and principles in multidisciplinary adjudications and, lastly, the need to reunify international law on a (human) rights based approach.

Multi-Level Judicial Trade Governance Without Justice? On the Role of Domestic Courts in the WTO Legal and Dispute Settlement System

Multi-Level Judicial Trade Governance Without Justice? On the Role of Domestic Courts in the WTO Legal and Dispute Settlement System
Author: Ernst-Ulrich Petersmann
Publisher:
Total Pages: 0
Release: 2013
Genre:
ISBN:

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The fragmented nature of national and international legal and dispute settlement regimes, and the formalistic nature of the customary international law rules on treaty interpretation and conflicts of laws, offer little guidance on how national and international judges should respond to the proliferation of competing jurisdictions and the resultant incentives for forum shopping and rule shopping by governments and non-governmental actors in international economic law. Due to their different jurisdictions, procedures and different rules of applicable laws, national and international judges often interpret international trade law from different (inter)national, (inter)governmental, constitutional and judicial perspectives. This paper explores the judicial functions of national and international judges to reach justified decisions based on positive law, on the basis of transparent, predictable and fair procedures, and to interpret international treaties "in conformity with principles of justice." Chapters I to III explain some of the "principles of justice" underlying international trade law and argue that international rules for a mutually beneficial division of labour among private citizens should be construed with due regard to the human rights obligations of governments. Chapters III and IV propose to strengthen international cooperation among national and international courts, for instance by negotiating additional WTO commitments to interpret domestic trade laws in conformity with the WTO obligations of the countries concerned and to settle WTO disputes over private rights primarily in domestic courts, without transforming essentially private disputes into disputes among governments.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Establishing Judicial Authority in International Economic Law

Establishing Judicial Authority in International Economic Law
Author: Joanna Jemielniak
Publisher: Cambridge University Press
Total Pages: 343
Release: 2016-07-12
Genre: Law
ISBN: 1107147107

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This book discusses how international judicial authority is established and managed in key fields of international economic law. Its unique legal-centric approach sees the consolidation of judicial authority as a universal trend and its broad international appeal makes it essential reading for researchers, practitioners and students alike.

International Commercial Courts

International Commercial Courts
Author: Stavros Brekoulakis
Publisher: Cambridge University Press
Total Pages: 591
Release: 2022-04-21
Genre: Law
ISBN: 1316519252

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The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.